The new UK Agency Worker Regulations were passed in April and are due to go live in November. They effectively make it more expensive for companies to use agency workers for longer than 12 weeks, at which point agency workers' rights and pay align with those of full-time staff.
Unite said it had evidence, including written documentation, that had led it to believe arrangements were being made to take advantage of a clause in the law designed to avoid situations whereby staff directly employed and controlled by one company, but working temporarily at another, were affected by the regulations.
"All they have to do is to call themselves a contract service provider and introduce a supervisory level for the employer," said Unite national officer Steve Sibbald. "These companies are trying to exploit that clause so they are not caught up in the provision.
"So if we find that anyone suddenly changes arrangements and introduces a supervisory level for agency staff, that's when we'll be taking them to court."
Unite said that following legal advice, it believed such "sham arrangements" were attempts to avoid law which is essentially equality legislation.
Sibbald warned that while it may be the agencies with the most to gain from sidestepping the regulations, any fines and legal costs arising from cases brought by Unite would be borne by the employer.
"What we're saying is that if you go down this road it's going to be very expensive for you," said Sibbald.
See also: Talking Business: New regs covering the use of agency workers are nothing to be scared of
Unite plans court action for companies avoiding new agency worker regulations
Unite has said it has evidence that some companies in the print industry are colluding with employment agencies to avoid new regulations and warned it will take them to court.
